Flagg v. Locke
Supreme Court of Vermont
General assumpsit Oil a joint and several note, dated June 23, 1894. Pleas, the general issue, payment and offset. Trial by jury at the June Term, 1900, Orange County, Stwrt, J., presiding.
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General assumpsit Oil a joint and several note, dated June 23, 1894. Pleas, the general issue, payment and offset. Trial by jury at the June Term, 1900, Orange County, Stwrt, J., presiding. Special findings that there was $74.70 due on the note in suit, that Mrs. Mary Ann Locke signed the note as surety, and that there was due Blake Locke, under the plea in offset, $74.65. The court disallowed the offset for want of mutuality, and rendered judgment for the plaintiff for $74.70. The defendants excepted. The offset should have been allowed. The claims were strictly, legally, and equitably…
1Opinion of the CourtMunson, J.
The suit is against Blake Locke and Mary Ann Locke, and is based upon a joint and-several note signed by the two. It appears by special verdict that “Mrs. Mary Ann Locke” signed the note as surety. There is nothing in the case to show that this Mrs. Locke is the wife of the other signer. So her signature cannot be treated as a nullity, and the case presented is one of-ordinary suretyship.
It is not necessary to consider the argument by which defendants’ counsel sede to distinguish this from the numerous cases in which this court haS held that claims can be allowed *322in set-off only where the…
2Cited by4 opinions
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